These terms are the legal agreement ("License") between you (the licensee company or individual) and Thinc Investments Pty Ltd. (ABN 55 120 346 545), ("Company") that govern your use of the Coursebuilder® Website (https://www.coursebuilder.com.au/) ("Website").
This License commences upon your payment of the subscription fee and upon access being given to the https://www.coursebuilder.com.au/ Website. Provided that subject to compliance with any applicable law that can not be excluded, if you do not agree to these terms, you may discontinue use of the Website or cancel your subscription to the Website within 30 days of your payment and receive a full refund of all money paid subject to the Company. You must contact the Company using one of the methods set out below. For legal and security reasons, you may be required to put your request in writing. The Company reserves the right to deduct from this refund a reasonable amount for its administration costs.
Upon commencement of the License, Thinc Investments Pty Ltd. grants to you for the term specified in the purchase invoice:
You agree to comply with the rules and other guidelines posted in the Forum and in the Member Resource Page applying to the Course Builder Forum and Associated Materials. Such rules may at the absolute discretion of Thinc Investments Pty Ltd. be amended from time to time without notice.
You agree and acknowledge that:
You agree and acknowledge that you will:
Thinc Investments Pty Ltd. welcomes your suggestions for altering or enhancing the Website and Associated Materials. You agree that the intellectual property rights relating to any such suggestions become the sole intellectual property of Thinc Investments Pty Ltd., regardless of whether they are acted upon. You agree that you will not be entitled to any compensation for such suggestions (other than that offered at the absolute discretion of Thinc Investments Pty Ltd.)
Thinc Investments Pty Ltd. agrees to provide you with reasonable technical support for the Website for the term of the License provided that;
Provided that while Thinc Investments Pty Ltd. will use its reasonable efforts to solve your Website problem, it gives no warranty or guarantee that it will be successful.
Thinc Investments Pty Ltd. and our agents or suppliers will not be liable to you for any indirect or consequential damages including loss of profits, revenue, data or use arising out of your use of the Website and Associated Materials or our provision of any services relating to the such, even if they knew or should have known of the possibility of such loss or damage and whether damages are claimed in contract, tort (including negligence) or statute.
Except in relation to liability for personal injury (including sickness and death), or damage to tangible property, Thinc Investments Pty Ltd. and our agents and supplier's liability to you in respect of any loss or damage (including consequential or indirect loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of use of the Website and Associated Materials is in aggregate limited to an amount equal to the amount paid by you to Thinc Investments Pty Ltd., our agents or suppliers for such Website and Associated Materials.
You agree that the Website and Associated Materials are provided as is and that Thinc Investments Pty Ltd., its agents and suppliers:
other than as specifically stated in this License or as prescribed by any applicable law which can not be excluded.
You acknowledge that Thinc Investments Pty Ltd., its agents or suppliers have not made any warranty or representation, express or implied, in relation to the Website and Associated Materials, including whether they are suitable for any particular purpose (whether such purpose was made known to Thinc Investments Pty Ltd., its agents or suppliers or not).
To the fullest extent permitted by the law, you and Thinc Investments Pty Ltd. agree to exclude any terms which would otherwise be implied into this License by any statute and Thinc Investments Pty Ltd., its agents and suppliers assume no liability for delays or non-performance occasioned by causes beyond their control, including but not limited to acts of God, fires, inability to obtain materials or data, strikes or other labor actions, breakdown of equipment, delays or shutdowns of carriers or suppliers, and government acts or regulations.
Thinc Investments Pty Ltd. reserves the right to refuse to handle any material which we consider offensive, illegal or in any way controversial and remove any course that contains such material.
You agree and acknowledge that;
If you have any dispute or claim regarding this License, the Website and the Associated Materials or in regard to any related services against Thinc Investments Pty Ltd., its agents, suppliers, directors or officers, then you agree to submit to independent arbitration before taking court proceedings.
This License is to be construed and governed by the laws of New South Wales, Australia.
Coursebuilder® is an online software application delivered via the internet. Once your application and payment has been approved you will be provided with email confirmation detailing your username and password. This unique username and password will allow you to access the CourseBuilder application through a web browser such as Microsoft Internet Explorer or Mozilla Firefox.
If you find that Coursebuilder® is unsuitable for its intended purpose, you may cancel your subscription to the Website within 30 days of your payment and receive a full refund of all money paid to T-bone Pty Ltd. T-bone Pty Ltd must receive your request within 30 days of your payment. For legal and security reasons, you may be required to put your request in writing. The Company reserves the right to deduct from this refund a reasonable amount for its administration costs.
If you have any questions in relation to this agreement, please contact us on +61 2 92598300 between 9.00am and 5.00pm, Monday to Friday. Please note that this number is not for general enquiries. Alternatively, you can write to us at Level 2, Suite 6, 235 Macquarie St, Sydney NSW 2000.